[HISTORY: Adopted by the Village Board of
the Village of Wrightstown 10-5-1976 by Ord. No. 1-76 as Ch. 8 of the 1976
Code. Amendments noted where applicable.]
A.
Establishment. The grade of all streets, alleys and
sidewalks shall be established and described by the Board and shall
be recorded by the Village Clerk-Treasurer in his or her office. No
street, alley or sidewalk shall be worked until the grade thereof
is established.
B.
Altering grade prohibited. No person shall alter the
grade of any street, alley, sidewalk or public ground, or any part
thereof, unless authorized or instructed to do so by the Board.
Section 66.615 of the Wisconsin Statutes shall apply, provided that the costs of construction and repair shall be assessed as provided by § 170-8 of this chapter.
[Amended 11-30-1999 by Ord. No. 113099B; 4-2-2007 by Ord. No. 04022007]
A.
Permit required. No person, public utility, contractor
or franchise shall make or caused to be made, any excavation in or
under any street, alley, sidewalk or public right-of-way in the Village
without first obtaining a written permit from the Village Clerk/Treasurer
or the Director of Public Works.
B.
Application for permit. The application for permit
shall be in writing and signed by the applicant or agent. The application
for permit must be filled out in its entirety. Multiple excavations
or borings in a common area can be made on one permit as long as they
are identified at the time the original permit is taken out.
C.
Village work excluded. The provisions of this section
shall not apply to excavation work under the direction of Village
departments or employees or to contractors performing work under contract
with the Village necessitating openings or excavations in Village
streets.
D.
Validity and renewal of permit. Permits shall be valid
for a period of 60 days from the date of approval. If operations have
begun under an approved permit and continue beyond the initial sixty-day
period, the permittee shall apply for a sixty-day permit renewal by
written request to the Village Clerk/Treasurer or the Director of
Public Works. Right-of-way permit fees apply for a renewed permit.
E.
Permit fee. The right-of-way permit fee shall be paid to the Village Clerk-Treasurer as set forth in Chapter 102, Fees and Penalties.
F.
Village standards. All work in the public right-of-way
shall be performed in accordance with the current Village Project
Manual for Typical Standard Specifications. All asphalt and concrete
roads, curb and gutter, and sidewalk must be saw cut at least three
inches prior to excavating. Any damaged road, curb, gutter, sidewalk
or grass-covered area shall be restored to the condition prior to
damage, and as may be directed by the Director of Public Works. All
expenses will be the responsibility of the applicant.
(1)
Temporary pavement. Excavated material shall be hauled
away by the contractor. All excavations made in paved areas in the
public right-of-way shall be backfilled with granular fill and compacted
at 90% up to five feet from the surface, and compacted at 95% for
the top five feet of the trench. The top 15 inches of the trench shall
be 3/4 inch crushed stone and mechanically compacted in layers not
to exceed eight inches. The crushed stone shall be so placed to within
three inches of the finished grade, and the excavated area shall then
be filled with three inches of cold mix bituminous surface which shall
be paved to conform to the existing paved surface. The temporary repair
shall be permanently repaired within one year, and the permittee shall
be responsible for all costs associated with maintaining the temporary
repair.
(2)
Permanent pavement. Unless otherwise approved by the
Director of Public Works, disturbed pavement shall be replaced by
an authorized contractor, and the permittee shall be responsible for
the costs of these repairs. If the replacement pavement settles or
cracks within five years of the installation date and if failure of
the replacement is due to improper backfill or compaction, the pavement
and backfill in the excavation area shall be removed and replaced
at the expense of the permittee.
(3)
Sidewalk, curb and gutter repair. If the sidewalk,
curb and gutter are damaged by the permittee, the permittee shall
be responsible for all costs associated with its replacement. Sidewalks,
curb and gutter shall be saw cut three inches prior to replacement
to provide a clean edge. The permittee shall be responsible for cracks
or settling for a period of two years from date of repair.
G.
Erosion control. Erosion control practices shall be
followed as detailed in the current Village Project Manual for Typical
Standard Specifications.
H.
Protection of the public. All work in Village streets
must follow the current Manual on Uniform Traffic Control Devices.
No permit shall be issued unless the method of construction and location
of the work to be performed shall be such that the public safety and
convenience will not be impaired. The person seeking the permit shall
erect such barriers, warning lights and signs as to adequately inform
the traveling public of the nature and location of the work being
performed.
A.
Obstructions and encroachments prohibited. No person shall encroach upon or in any way obstruct or encumber any street, alley, sidewalk, public grounds or land dedicated to public use, or any part thereof, or permit such encroachment or encumbrance to be placed or remain on any public way adjoining the premises of which he or she is the owner or occupant, except as provided in Subsection B.
B.
Exceptions. The prohibition of Subsection A shall not apply to the following:
(1)
Signs and clocks attached to buildings which project
not more than six feet from the face of such building and which do
not extend below any point 10 feet above the sidewalk, street or alley.
(2)
Awnings which do not extend below any point seven
feet above the sidewalk, street or alley.
(3)
Public utility encroachments authorized by the Village.
(4)
Goods, wares, merchandise or fixtures being loaded
or unloaded which do not extend more than three feet on a sidewalk,
provided that such goods, wares, etc., do not remain thereon for more
than three hours.
(5)
Building materials when placed upon the street, alley
or sidewalk, upon conditions prescribed by the Village President or
the Department of Public Works. They may require such materials to
be protected by barricades or appropriate lights.
[Amended 11-30-1999 by Ord. No. 113099B]
A.
Permit required. No person shall move any building
within the Village without a permit from the Village Clerk-Treasurer,
upon 30 days' notice, designating the streets and alleys along which
the building is sought to be moved. Such permit shall state the date
upon which the work is to commence in moving the building, a description
of the building and its location, the place to which such building
is sought to be moved, the name of the owner of such building, the
name of the person who is performing the work and the name of the
streets and alleys along which the building may be moved.
B.
Notice to utilities. Upon issuance of the applicable permit under Subsection A, the mover shall immediately notify any public utility, whose lines or poles may be interfered with, of the application. Such utility shall take whatever steps are necessary to permit the building to be moved without damage to its lines and poles.
[Amended 11-7-2012 by Ord. No. 11072012]
C.
Deposit required. The applicant shall at the time of application deposit with the Village Clerk-Treasurer an amount as set forth in Chapter 102, Fees and Penalties, to cover the costs to the utilities of whatever work is necessary to permit moving of the building and damages to property resulting from such moving. Upon completion of the moving, the Village President or the Department of Public Works shall inspect the route and report to the Village Clerk-Treasurer any damages and the estimated amount thereof caused to the streets and any public or private property. Upon payment of the utilities' expenses and settlement of all damage claims, the Village Clerk-Treasurer shall release the balance of the deposit remaining. The applicant shall be liable for any costs and damages exceeding the deposit.
[Amended 11-30-1999 by Ord. No. 113099B]
[Amended 3-17-1998 by Ord. No. 031798B; 11-30-1999 by Ord. No. 113099B]
A.
Sidewalks to be kept clear. The owner or occupant of any lot or parcel shall remove all snow and ice which may have fallen or accumulated upon the sidewalk in front of such lot or parcel within 24 hours after the same has ceased to fall or accumulate, provided that when ice has so formed that it cannot be removed, the owner or occupant shall keep the same sprinkled with a material which will prevent the sidewalk from being dangerous to pedestrians. If the owner or occupant fails to comply with this subsection, the Village President or the Department of Public Works shall cause the snow or ice to be removed or sprinkled as required in this section and the cost thereof assessed against the property as a special tax, the cost to be determined annually by the Village Board. The applicant shall, at the time of submitting the application, include a fee as set forth in Chapter 102, Fees and Penalties.
[Amended 8-19-2014 by Ord. No. 08192014]
B.
Snow not to be deposited in streets. No person shall
cause to be deposited snow from his or her premises or the sidewalk
abutting thereon onto any street in the Village without a permit from
the Village President or the Department of Public Works, who may require
to be paid a fee sufficient to reimburse the Village for the cost
of removal of such snow.
[Amended 11-30-1999 by Ord. No. 113099B; 4-2-2007 by Ord. No. 04022007]
A.
Planting. No person shall plant any permanent tree,
shrub or plants, as well as install permanent type landscaping in
the public right-of-way without a permit or approval from the Village
President or the Director of Public Works, who shall for the purposes
of this section have the powers and duties of a Village Forester under
W.S.A.s. 27.09.
B.
Tree care. All owners or occupants of any lot or premises
within the Village shall trim all tree limbs, boughs, branches, leaves
or any shrub which projects over the side edge or above a public sidewalk.
Tree branches, limbs, boughs and shrubs shall be trimmed back to the
side edge of the sidewalk, and to a minimum height of eight feet above
the public sidewalk so any pedestrian or bicycle rider is not obstructed
or interfered with, and safe passage on such public sidewalk is guaranteed.
Section 27.09 of the Wisconsin Statutes shall apply, and the Village
Board shall have the powers and duties conferred upon the Board of
Park Commissioners.
C.
If any owner or occupant of any lot or premises fails to comply with the requirements specified in Subsection B, the Building Inspector or the Director of Public Works shall notify such owner or occupant to comply with this section. If such owner or occupant neglects or refuses to comply within ten business days after such notice is given, the Director of Public Works shall cause the removal of such trees, limbs, boughs or shrubbery so as to be in compliance with this section, and the cost thereof shall be invoiced or assessed against the property upon which any such trees, limbs, boughs, or shrubbery may be growing or standing as a special tax.
D.
Safety hazard. Whenever the Chief of Police or the
Director of Public Works determines that any tree, bush or shrub in
the public right-of-way is in such condition or location as to create
a traffic or safety hazard, the property owner shall be given 10 business
days' written notice to trim or remove the same so as to eliminate
such hazards. If such property owner fails to act within the required
time, the Director of Public Works shall take the necessary steps
to remove such hazard, and any expenses so incurred shall be invoiced
or assessed to the property owner.
[Added 7-2-2001 by Ord. No. 07022001]
A.
The placement of street identification numbers will
be required upon all residences, places of business and other primary
building structures within the Village of Wrightstown.
B.
A street identification number will be assigned through
the Village and shall be placed upon the primary building on, or as
close as possible to, the front entrance door. Numerical numbers will
be required at a minimum height of four inches. This section shall
not prohibit the assigned numbers from being written out in addition
to the numerical numbers required above.
A.
Intent. It is the intent of this section to establish
Village policy with regard to the levying and collection of special
assessments for public works and improvements. The amount assessed
against any property for any work or improvement shall not exceed
the value of the benefits accruing to the property therefrom; and
for those representing an exercise of the Village's police power,
the assessment shall be upon a reasonable basis as determined by the
Board.
B.
Procedure.
(1)
State statutes to apply. Pursuant to W.S.A. s. 66.62,[1] the cost of installing or constructing any public work
or improvement shall be charged as a special assessment against the
property benefited thereby in the amounts specified in this section.
The levy and collection of any special assessment hereunder shall
be in compliance with applicable state statutes, particularly W.S.A.
s. 66.60.[2]
(2)
Notice and hearing. No special assessment shall be
levied hereunder unless notice thereof has been given and a hearing
thereon has been held as provided by W.S.A. s. 66.60(7).
(3)
Costs to include fees. Any costs assessed hereunder
shall include legal, administrative and engineering fees.
(4)
Lots abutting on two streets. Except for sewer and water main extensions as provided by Subsection H, if a lot abuts two streets in or along which a public work or improvement is constructed or installed, whether at the same time or at different times, there shall be no adjustment in the costs assessed against such abutting property.
(5)
Installment payments. All billings for special assessments
or special charges will carry terms of "net 30 days," and interest
on overdue payments will be charged at the rate of 1% over the borrowed
funds or prime rate per annum. If any assessments or combination of
assessments levied at the same time hereunder against a parcel exceeds
$500, the same may be paid in five equal installments plus interest
at the rate of 1% over the borrowed funds or prime rate per annum,
provided that the request for inclusion under the installment plan
is made, in writing, as designated at the public hearing; and further
provided that if title to the property is transferred, the balance
remaining shall be due and payable in the year in which such transfer
occurs. Assessments of less than $500 shall be paid in the year in
which the assessment is levied plus any applicable interest as previously
covered.
[Amended 11-30-1999 by Ord. No. 113099B]
C.
Street construction and repair.
(1)
New construction. One hundred percent. The Board shall
give consideration to a written request by the developer in cases
where there is sufficient justification to warrant special consideration.
(2)
Reconstruction and ordinary maintenance and repairs.
The Village will bear all cost of excavating, grading, resurfacing,
seal coating and general maintenance.
[Amended 10-20-2009 by Ord. No. 10202009[3]]
[3]
Editor's Note: This ordinance also repealed former Subsection
C(3), ordinary maintenance and repair, which immediately followed
this subsection.
D.
Sidewalk construction and repair. One hundred percent
of the cost of constructing any new sidewalk and 50% of the cost of
replacing any sidewalk or part thereof shall be assessed against the
property abutting thereon on a front-foot basis. Incidental repairs
to any sidewalk not requiring the replacement of the affected segment
of the walk shall be done at the Village's expense.
E.
Curb and gutter construction and repair. One hundred
percent of the cost of constructing new curb and gutters and 50% of
the cost of replacing curb and gutters shall be assessed against the
property abutting thereon on a front-foot basis. Repairs to damaged
curb and gutters shall be made at the Village's expense.
F.
Driveway apron construction and repair. One hundred
percent of the cost of constructing aprons and 100% of the cost of
replacing aprons, from the street to the lot line, shall be assessed
against the property abutting thereon on a square-foot basis.
G.
Storm sewer repair. The Village will pay 100% of the
cost of maintaining existing storm sewers.
[Amended 11-30-1999 by Ord. No. 113099B]
H.
Sewer and water main extensions.
(1)
Generally. One hundred percent of the costs of installation
shall be assessed against the property abutting the street in which
such mains are installed on a front-foot basis. Maintenance, repair
and replacement of sewer and water mains shall be done at the Village's
expense. Property owners will be reimbursed for extra depth and oversizing.
[Amended 11-30-1999 by Ord. No. 113099B]
(2)
Lots abutting two streets. If a lot abuts on two streets
and sewer or water mains are to be installed on both streets, the
side having the shortest frontage shall be exempt from 1/2 of the
applicable assessment. If a sewer or water main has previously been
installed along the side having the shortest frontage, credit for
1/2 of the amount paid by the property owner shall be given when a
main is installed on the side having the longer frontage. If a sewer
or water main has previously been installed along the side having
the longer frontage, 1/2 of the applicable assessment shall be made
when a main is installed along the shorter side.
(3)
Deferred payments.
(a)
General. Special assessments levied under this
section for the construction or installation of sewer and water mains
on undeveloped and partially developed land may be deferred for not
more than eight years by the Village Board. Interest shall be charged
during any deferment period at the rate of 1% over the borrowed funds
or prime rate per annum.
[Amended 11-30-1999 by Ord. No. 113099B]
(b)
Definitions. "Undeveloped land" is land used
for farming or unplatted vacant land.
(c)
Termination of deferment. If the undeveloped land or a part thereof is connected to the main or ordered to be connected or title to such land is transferred, the deferment shall terminate, and the assessment shall be due and owing in full unless installment payments have been provided for under Subsection B(5).[4]
[4]
Editor's Note: Original Sec. 8.076(9), Sewer
and water laterals, which immediately followed this subsection, was
deleted 11-30-1999 by Ord. No. 113099B.
I.
Other public works and improvements.
(2)
Tree removal. The actual cost of tree removal performed
pursuant to W.S.A. s. 27.09(4) shall be assessed against the property
abutting the public right-of-way in which such work is done, such
cost to be determined annually by resolution of the Village Board.
J.
Damages to public improvements. The cost of repair
of damage to any public improvement due to negligence of the owner
or his or her agent shall be borne by the property owner.
No public works or improvements shall be constructed,
installed, reconstructed, replaced or repaired except under contract
with the Village.
